Studied by 64 people1st amendment
- freedom of speech
- allows prayer before and after school and for one time events
- violates the establishment clause
2nd amendment
-individual right to bear arms -SC officially recognized the individual right to bear arms in DC vs Heller (2008) -McDonald vs City of Chicago incorporated the 2nd amendment to the states
9th amendment
- there are other implied rights and liberties that are not explicitly mentioned in the constitution or amendments
- ex. right to privacy
10th amendment
powers not given to the federal government and not denied to the states under the constitution is given to the states or the people
14th amendment
prohibits states from from depriving people of life, liberty, or property without due process of law
16th amendment
congress has the power to lay and collect income taxes
27th amendment
if congress increases their pay, the pay increase can't take place until the next session
US v Banks
The Court unanimously held that 15 to 20 seconds was a reasonable period for police to wait before entering by force when they were investigating drug charges because waiting any longer was likely to result in the destruction of evidence
South Dakota v Dole
-congress wanted to raise drinking age to 21 -SD wanted to keep it at 19 -congress threatened the state's fundings to get what they want
Bush v Gore
-the SC held that the election results where Bush won florida by 537 votes would have to stand -the SC also held that the decision in this case could not be used as a precedent in deciding future cases that are similar
Smith v Allwright
The denying of African Americans the right to vote in a primary election was found to be a violation of the 15th Amendment
US v Lopez
-Alfonzo Lopez was caught on the school grounds with a gun -The state of Texas brought charges against Lopez under state law -The next day, the state charges were dropped and federal charges were brought under the Gun Free School Zone Act of 1990 -The attorneys for the federal government argue that regulating guns in schools within Congress' power to regulate commerce -State gov has the right to regulate this, not the fed gov
Colorado Dept of State v Baca
punishes electors who don't cast their vote to their pledged candidate
Interstate vs Intrastate commerce
- inter: commerce between two or more states; can be regulated by congress
- intra: commerce occurring within one state; only states can regulate commerce
libertarian beliefs
- Align with liberals on social issues
- Favor less government than conservatives
- People that benefit pay for the service so weāre not all taxed
- Minimal involvement in world affairs
- Military only for self-defense, not fighting other wars
- No taxes at all
- Government should not play a role in marriage; no marriage license
- Legalize drugs; itās peopleās choice to harm themselves
The second most important word in the Establishment Clause, and what it means.
?
Kneeling during the National Anthem and whether or not it is a First Amendment issue.
- NOT a 1st amendment free speech issue
- symbolic speech is protected
Which party holds its party convention first?
the party not in power
open primaries
voters are not required to declare party affiliation
closed primaries
only the party's members can vote
blanket primaries
-voters choose one candidate per office -does not exist anymore
cajun/jungle primaries
all candidates for an office run together in one election and the majority vote wins
run-off primaries
if no candidate wins the majority, the top two candidates compete in an additional primary
Are run-off primaries in Texas open or closed?
closed
Examples of offices that are elected via district elections vs at-large elections.
- At-large elections: US Senate, Texas Governor and Lt. Governor, The Texas Railroad Commission, The Texas Supreme Court, The Texas Court of Criminal Appeals, Some members of the Houston City Council
- District elections: US House, Texas Senate, Texas House, some city councils across the state
The 1960 Kennedy/Nixon debate.
- first televised presidential debate
- radio listeners felt that Nixon won, TV watchers felt that Kennedy won
The party eras in Texas (especially who was in control during each era).
- 1st-3rd democrats
- 4th republicans
2016 election
key states - Pennsylvania, Michigan, Wisconsin
Clinton - 65,853,514 votes 232 electoral votes
Trump - 62,984,828 votes 306 electoral votes
2020 election
key states - Arizona, Georgia, Michigan, Pennsylvania, Wisconsin
Biden - 81,283,988 votes 306 electoral votes
Trump - 74,221,924 votes 232 electoral votes
How the Texas Constitution is amended.
2/3 vote in both houses of legislature
200 house and 21 senate votes
caucuses vs primaries
caucus: more difficult access, voters are more educated, and the vote is often not secret
primary: easier access, voters are not as informed, and the vote is secret
The electoral college
- total: 538
- minimum: 270
- an amendment to the Constitution that would eliminate the Electoral College and make the popular vote the determining factor; has been proposed but it has never been voted on
- Congressional district plan is most like to happen
Faithless electors (from 2000 and 2016).
- 2000: Barbara Lett- Simmons
- 2016: 3 Clinton, 2 Trump
how many electoral votes does Texas have?
40 (previously 38)
What is the U.S. Chamber of Commerce?
the world's largest business organization
interest group
What are Astro-turf groups?
an interest group that wants to stop the amount of suing
makes people believe they are normal people but in reality it a big company that just want to benefit itself
Who does well at the top of the ballot in Texas?
Republicans
Which political party currently wins top-of the ballot races in Texas?
Republicans
The differences between at-large and district elections as well as some examples of each.
at large: can hurt the political influence of minorities
district: gives minorities more political influence
who votes republican
whites, males, old people, no college degree, protestants, higher income, small city/rural
who votes democrat
blacks, hispanics, asians, females, younger people, college grads, lower income, catholic, first-year voters, big city/suburbs
The results of the 2004 Election in Texas
- 21/32 HOR seats were Republican
- both US senate seats
- all 6 executive offices
- majority house and senate seats
- every court seat- every Texas railroad commission seat
Disenfranchisement in Texas.
- the poll tax was typically only enforced on minorities and those with low income
- the grandfather clause (you can't vote if your gpa couldn't)
- the white only primary
- political bosses
- southern states using literacy tests
The dates that local elections can be held in Texas.
- 3rd Sat in Jan
- 3rd Sat in May
- 2nd Sat in Aug
- 1st Tue after the 1st Mon in Nov
How many Texas Constitutions have there been?
6
The delegates to the 1876 Texas Constitution.
- 76 were democrats
- 5 were black
- 72 were immigrants from other southern states
- 4 were native Texans
- 16 were from northern states
- 33 were lawyers
- 28 were farmers
- 30 had served in the state legislature
90 TOTAL
The criticisms of the 1876 Texas Constitution.
The length, detail, and number of amendments
The plural executive
The part time citizen legislature
The confusing structure of the judiciary
The restrictions on local governments
Did the current Texas Constitution create a full-time or part-time citizen legislature?
part-time
The number of Amendments to the current Texas Constitution vs. the U.S. Constitution.
texas: about 500
US: 27
Direct democracy vs Republic
democracy: government in which citizens vote on laws and select officials directly
republic: power is held by elected representatives
Examples of protected speech vs unprotected speech.
protected: symbolic
unprotected:
Commercial speech
Defamatory speech
Obscenity
Speech that harms the public safety/order
Speech that threatens national security
Speech that interferes with the right to a fair trial
Note
Flashcard